Order No. 16 Dt. 06.09.2017
This is a case u/s. 12 of the C.P. Act, 1986. According to the complainant’s case he is the bona fide customer and consumer under W.B.S.E.D.C.L. having Consumer I.D.342116848
His further case is that he got notice of some technical defects in respect of defective gadgets installed by the Electricity Department which he brought into the notice of the authority and the general bill used to be Rs.5000/- in regular way while suddenly electricity authority raised an inflated bill on 17.08.2015 amounting to Rs.122000/-. The complainant then submitted a written application urged the electricity department to remove the defect in the bill and to issue a fresh bill but the electricity authority was non-challent in this matter and for that reason the complainant comes before the Consumer Forum challenging the said inflated bill dt.17.08.2015 with a prayer to correction of the said bill and compensation of Rs.50000/- for mental agony and harassment.
O.P. –W.B.S.E.D.C.L has contested the case by filing written version and stated that the complainant is a commercial consumer and erroneous outstanding amount of Rs. 122000/- in the energy bills of the complainant since 17.08.2015 due to malfunctioning of computer server system.
The further case of the O.P. is that the complainant has not paid the extra amount except the energy charges consumed by him and he has not been suffering in any manner.
::POINTS FOR DECISION::
- Is the complainant is a Bona Fide ‘Consumer’ under the W.B.S.E.D.C.L ?
- Whether there was any deficiency of service on the part of the W.B.S.E.D.C.L.?
- Whether the complainant has suffered for inflated bill dt. 17.08.2015 ?
::DECISION WITH REASONS::
All the points are taken up togetherly for discussion for the sake of convenience.
Admittedly, the complainant is a bona fide Consumer and he has commercial electric connection in his establishment and he is paying the electricity bill regularly since installation. Right now the Electricity Authority has submitted a bill dt.17.08.2015 amounting to Rs.122000/- which the Electricity Authority admits the fact that the said bill was erroneously generated from the computer system due to malfunctioning of computer server and the higher authority has already duly informed to remove the defect. From the cross-examination of P.W.-1 and from the averments of the O.P. in the written version it is established also that the complainant was not compelled to pay the said erroneous bill amount of Rs.122000/- dt. 17/08/2015 and the complainant has been asked to go on making payment the as usual bills and usage charges as before 17/08/2015. The O.P. Electricity Authority admits the fact that due to malfunctioning of the computer system such inflated bill was generated and the process of removing the said defect is now pending and in near future the defect be removed.
Ld.Advocate of the O.P. at the time of her argument submits that the electricity company do not trace upon the realization of the said inflated bill dt. 17/08/2015 and they are ready to make correction of the said bill very shortly and there was no sufferance on the part of the complainant and no award should be granted in favour of the complainant.
After hearing the valuable arguments canvassed before the Forum by the Ld.Advocates of both sides the Forum unequivocally come to a conclusion that the subject matter of the inflated bill is under process for correction and there is no practical monetary loss on the part of the complainant as the W.B.S.E.D.C.L. promised before the Forum that very soon the said defective bill would be corrected and thereafter the necessary bill will be issued on the basis of actual energy consumed by the complainant for the billing period.
It is also a fact that the complainant has repeatedly knocked the door of the O.P. Authority to remove the said defect and at last finding no other relief from them he has come before the Forum for redressal of the dispute.
So the complainant has partially succeed to prove the case.
Forum should ask the O.P. Authority to issue a fresh bill after necessary correction of the bill dt.17/08/2015 and to provide sufficient time to the complainant to pay the same. On the other hand due to mental harassment and agony the litigation cost Rs.3000/- to be adjusted in the corrected bill within two months.
Proper fee paid.
Hence, ordered
that the D.F.C. Case No. 41/2016 is hereby allowed on contest with cost.
The O.P. W.B.S.E.D.C.L. is hereby asked to raise a correct bill in place of inflated bill dt. 17/08/2015 in the name of complainant on the basis of actual energy consumed by the complainant and also on the basis of average bills he has paid just before the billing period of the defective bill. The cost of litigation and harassment to the tune of Rs.3000/- to be adjusted in the said corrected bill.
Let a copy of this order be given to each of the parties free of cost.
